[Federal Register Volume 69, Number 159 (Wednesday, August 18, 2004)]
[Notices]
[Pages 51269-51270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19018]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Request for Public Comments on Commercial Availability Petition 
under the United States - Caribbean Basin Trade Partnership Act (CBTPA)

August 16, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Request for public comments concerning a petition for a 
determination that certain woven, 100 percent cotton, napped fabrics 
cannot be supplied by the domestic industry in commercial quantities in 
a timely manner under the CBTPA.

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SUMMARY: On August 12, 2004, the Chairman of CITA received a petition 
from Sandler, Travis & Rosenberg, P.A., on behalf of Picacho, S.A., 
alleging that certain woven, 100 percent cotton, napped fabrics, of the 
specifications detailed below, classified in subheading 5209.31.60.50 
of the Harmonized Tariff Schedule of the United States (HTSUS), cannot 
be supplied by the domestic industry in commercial quantities in a 
timely manner. The petition requests that shirts, trousers, nightwear, 
robes, dressing gowns and woven underwear of such fabrics assembled in 
one or more CBTPA beneficiary countries be eligible for preferential 
treatment under the CBTPA. CITA hereby solicits public comments on this 
petition, in particular with regard to whether these fabrics can be 
supplied by the domestic industry in commercial quantities in a timely 
manner. Comments must be submitted by September 2, 2004 to the 
Chairman, Committee for the Implementation of Textile Agreements, Room 
3001, United States Department of Commerce, 14th and Constitution, 
N.W., Washington, D.C. 20230.

FOR FURTHER INFORMATION CONTACT: Janet E. Heinzen, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 213(b)(2)(A)(v)(II) of the CBERA, as added by 
Section 211(a) of the CBTPA; Section 6 of Executive Order No. 13191 
of January 17, 2001.

BACKGROUND:

    The CBTPA provides for quota- and duty-free treatment for 
qualifying textile and apparel products. Such treatment is generally 
limited to products manufactured from yarns or fabrics formed in the 
United States. The CBTPA also provides for quota- and duty-free 
treatment for apparel articles that are both cut (or knit-to-shape) and 
sewn or otherwise assembled in one or more CBTPA beneficiary countries 
from fabric or yarn that is not formed in the United States, if it has 
been determined that such fabric or yarn cannot be supplied by the 
domestic industry in commercial quantities in a timely manner. In 
Executive Order No. 13191, the President delegated to CITA the 
authority to determine whether yarns or fabrics cannot be supplied by 
the domestic industry in commercial quantities in a timely manner under 
the CBTPA and directed CITA to establish procedures to ensure 
appropriate public participation in any such determination. On March 6, 
2001, CITA published procedures that it will follow in considering 
requests. (66 FR 13502).
    On August 12, 2004, the Chairman of CITA received a petition on 
behalf of Picacho, S.A., alleging that certain woven, 100 percent 
cotton, napped fabrics, of the specifications detailed below, 
classified HTSUS subheading 5209.31.60.50, cannot be supplied by the 
domestic industry in commercial quantities in a timely manner and 
requesting quota- and duty-free treatment under the CBTPA for certain 
apparel articles that are cut and sewn in one or more CBTPA beneficiary 
countries from such fabrics.

Specifications:

 
 
 
Fabric 1                        ........................................
Petitioner Style No:            62BU1600240A
HTS Subheading:                 5209.31.60.50
Fiber Content:                  100% Cotton
Weight:                         291.5 g/m2
Width:                          160 centimeters cuttable
Thread Count:                   24.41 warp ends per centimeter; 16.53
                                 filling picks per centimeter; total:
                                 40.94 threads per square centimeter
Yarn Number:                    Warp: 25.4 metric, ring spun; filling:
                                 10.16 metric, open end spun; overall
                                 average yarn number: 14.04 metric
Finish:                         (Piece) dyed; napped on both sides,
                                 sanforized
 
Fabric 2                        ........................................
Petitioner Style No:            62BU1600240B
HTS Subheading:                 5209.31.60.50
Fiber Content:                  100% Cotton
Weight:                         305 g/m2
Width:                          160 centimeters cuttable
Thread Count:                   24.41 warp ends per centimeter; 18.11
                                 filling picks per centimeter; total:
                                 42.52 threads per square centimeter
Yarn Number:                    Warp: 25.4 metric, ring spun; filling:
                                 10.16 metric, open end spun; overall
                                 average yarn number: 13.95 metric
Finish:                         (Piece) dyed; napped on both sides,
                                 sanforized
 

    The petitioner emphasizes that the fabrics must be napped on both 
sides, that the yarn sizes and thread count, and consequently, the 
weight of the fabrics must be exactly or nearly exactly as specified or 
the fabrics will not be suitable for their intended uses. The warp 
yarns must be ring spun in order to provide the additional tensile 
strength required to offset the degrading effects of heavy napping on 
both sides. The filling yarns must be open end spun to provide required 
loft and softness.
    CITA is soliciting public comments regarding this request, 
particularly with respect to whether these fabrics can be supplied by 
the domestic industry in commercial quantities in a timely manner. Also 
relevant is whether other fabrics that are supplied by the domestic 
industry in commercial quantities in a timely manner are substitutable 
for the fabric for purposes of the intended use. Comments must be 
received no later than September 2, 2004. Interested persons are 
invited to submit six copies of such comments or information to the 
Chairman, Committee for the Implementation of Textile Agreements, room 
3100, U.S. Department of Commerce, 14th and Constitution Avenue, N.W., 
Washington, DC 20230.
    If a comment alleges that these fabrics can be supplied by the 
domestic industry in commercial quantities in a

[[Page 51270]]

timely manner, CITA will closely review any supporting documentation, 
such as a signed statement by a manufacturer of the fabric stating that 
it produces the fabric that is the subject of the request, including 
the quantities that can be supplied and the time necessary to fill an 
order, as well as any relevant information regarding past production.
    CITA will protect any business confidential information that is 
marked ``business confidential'' from disclosure to the full extent 
permitted by law. CITA will make available to the public non-
confidential versions of the request and non-confidential versions of 
any public comments received with respect to a request in room 3100 in 
the Herbert Hoover Building, 14th and Constitution Avenue, N.W., 
Washington, DC 20230. Persons submitting comments on a request are 
encouraged to include a non-confidential version and a non-confidential 
summary.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 04-19018 Filed 8-16-04; 2:17 pm]
BILLING CODE 3510-DR-S